"State Killing Its Own Citizen?" Madras High Court Slams Police In Sivanganga Custodial Death Case, Asks District Judge To Conduct Inquiry

Criticising the police brutality in the alleged custodial death of Ajith Kumar in Sivaganga, the Madras High Court today (July 01) orally remarked that the incident was a "police organised crime" where the State was killing its own people.

"It's police organised crime. State killing its own citizens. Is it not? Your action should be more stringent than in the case of an ordinary murder. A person in custody is helpless. It's in custody that all this has happened," the bench of Justice SM Subramaniam and Justice AD Maria Clete orally remarked.

The judges lamented the brutal killing of the 29-year-old temple security guard, adding the incident had shocked the conscience of the people of the entire State.

"Even an ordinary murderer would not have caused this much of injury to a person. It's shocking. Highly shocking. No part of the body is left. Even a murderer will give 5-6 blows, and once he feels that there's no life, he'll leave it. This is all because of power. That's why they're (police) doing all this. He's not even an accused. There's no FIR. Even without registering an FIR, under the guise of a preliminary enquiry, they've caused all this injury. Even if an FIR was registered, such injuries cannot be inflicted. It's shocking the conscience of the people of the entire state," the Court orally commented.

While it appreciated the quick response from the State in arresting the 5 constables who were involved in the case, the Court added that the action should be more stringent and no police officer should be involved in such acts in the future.

The court also directed the IVth Additional District Judge (Madurai), S John Sundarlal Suresh to conduct an enquiry into the custodial death and submit a report by 8th July. The court also asked the State to initiate all appropriate action against the higher officials who were involved in the case and to submit a status report by 8th July.

Since the petitioners raised an apprehension about the possible destruction of evidence, the Court directed the Superintendent of Polce (Sivaganga) and the Investigating Officer to hand over all the evidence collected till now, including CCTV footages and CDR records, to the enquiring judge. The State was also asked to provide necessary protection to the eyewitnesses in the case.

Background

Ajith Kumar was working as a temporary security guard at the Madapuram Bhdrakali Amman Temple at Thirupuvanam when he was taken by the police for questioning in connection with a theft case. Two women had complained, stating that 10 sovereigns of good jewlery had gone missing from their car, which they had asked Ajith to park.

Ajith was taken to the Thiruppuvanam police station and was released after questioning. Later, on the same day, he was detained again by a six-member Special Team headed by Mr. Kannan, Head Constable, and 5 others. As per the statement of eyewitnesses, Ajith and others were brutally beaten up by the police officials. Ajith collapsed, and though he was taken to the hospital, he died.

When a petition filed by AIADMK advocates seeking an SIT probe into the incident was mentioned before the court yesterday, the court criticised the excessive police action that was taken against Ajith. The court wondered why such action was taken against an unarmed man who was under police custody.

When the matter was again taken up today, the court questioned on whose direction the Special Team had conducted the investigation without even the registration of an FIR. The court also asked what action had been taken against the SP and DSP of Sivagangai and also sought for the Magistrate's report

"You don't respect a poor man's life. You have not answered our question till now. Under whose orders (was the Special Team investigating)? No ordinary constable will act (like this), no team will act. Some constable going somewhere, picking up quarrel, doing some theft, or beating someone up outside the duty hours. We can understand that. But we can't understand a team, a Special Team, going to a particular place, picking up a person, beating him and then finally he's declared dead. Your actions are not in commensuration with the gravity of the allegations," the Court orally remarked.

Case Title: E Marees Kumar v. The Chief Secretary to the Government of Tamil Nadu and Others

Case No: WP(MD) 17949 of 2025